AB43: Bill Text

AB43,,9999 2. Eliminate original adult court jurisdiction over juveniles under s. 938.183.

AB43,,10000 3. Modify the waiver procedure for adult court jurisdiction over juveniles and incorporate offenses currently subject to original adult court jurisdiction into the waiver procedure.

AB43,,10001 4. Eliminate the serious juvenile offender program under s. 938.538 and create extended juvenile court jurisdiction with a blended juvenile and adult sentence structure for certain juvenile offenders.

AB43,,10002 5. Prohibit placement of a juvenile in a juvenile detention facility for a status offense and limit sanctions and short-term holds in a juvenile detention facility to cases where there is a public safety risk.

AB43,,10003 6. Sunset long-term post-disposition programs at juvenile detention facilities.

AB43,,10004 7. Create a sentence adjustment procedure for youthful offenders.

AB43,,10005 8. Conform with the U.S. Constitution the statutes that mandate imposing sentences of life imprisonment without parole or extended supervision to minors.

AB43,,10006 (c) In submitting information under s. 16.42 (1) for purposes of the 2025-27 biennial budget bill, the department of children and families and the department of corrections shall each include a request to implement the juvenile justice reform review committee’s recommendations.

AB43,,10007 (d) The juvenile justice reform review committee terminates on September 16, 2024.

AB43,,10008 (3) Early childhood education center. From the appropriation account under s. 20.437 (2) (fm) and the allocation under s. 49.175 (1) (qm), the department of children and families shall provide $1,680,000 in fiscal year 2023-24 to Wellpoint Care Network to establish an early childhood education center in the city of Milwaukee.

AB43,,10009 (4) Child support debt reduction; emergency rulemaking. The department of children and families may promulgate emergency rules under s. 227.24 to implement s. 49.226. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB43,9107 Section 9107. Nonstatutory provisions; Circuit Courts.

AB43,,10011 (1) Circuit courts designated to begin operation in 2022. The circuit court branches added in s. 753.06 (4) (dm), (7) (ag), (9) (L), and (10) (g) are the additional branches authorized to be added and allocated by the director of state courts under s. 753.0605 (2) to begin operation on August 1, 2022.

AB43,,10012 (2) Circuit courts designated to begin operation in 2023. The circuit court branches added in s. 753.06 (4) (c), (7) (ar), (9) (m), and (10) (L) are the additional branches authorized to be added and allocated by the director of state courts under s. 753.0605 (3) to begin operation on August 1, 2023.

AB43,,10013 (3) Extreme risk protection orders; intent statement. The intent of s. 813.124 is to implement a state crisis intervention court proceeding in the form of an extreme risk protection order program that is eligible for federal grants under 34 USC 10152 (a) (1) (I) (iv).

AB43,9108 Section 9108. Nonstatutory provisions; Corrections.

AB43,,10015 (1) Transfer of security operations at the Wisconsin Resource Center.

AB43,,10016 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of corrections that are primarily related to security operations at the Wisconsin Resource Center, as determined by the secretary of administration, become the assets and liabilities of the department of health services.

AB43,,10017 (b) Positions and employees. On the effective date of this paragraph, 110.0 FTE GPR positions, and the incumbent employees holding those positions, in the department of corrections responsible for the performance of security operations at the Wisconsin Resource Center under s. 46.056 (2), 2021 stats., as determined by the secretary of administration, are transferred to the department of health services.

AB43,,10018 (c) Employee status. Employees transferred under par. (b) have all the rights and the same status under ch. 230 of the statutes in the department of health services that they enjoyed in the department of corrections immediately before the transfer. Notwithstanding s. 230.28 (4), no employee transferred under par. (b) who has attained permanent status in class is required to serve a probationary period.

AB43,,10019 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of corrections that are primarily related to security operations at the Wisconsin Resource Center, as determined by the secretary of administration, is transferred to the department of health services.

AB43,,10020 (e) Pending matters. Any matter pending with the department of corrections on the effective date of this paragraph that is primarily related to security operations at the Wisconsin Resource Center, as determined by the secretary of administration, is transferred to the department of health services. All materials submitted to or actions taken by the department of corrections with respect to the pending matter are considered as having been submitted to or taken by the department of health services.

AB43,,10021 (f) Contracts. All contracts entered into by the department of corrections primarily related to security operations at the Wisconsin Resource Center, as determined by the secretary of administration, in effect on the effective date of this paragraph remain in effect and are transferred to the department of health services. The department of health services shall carry out any obligations under those contracts unless modified or rescinded to the extent allowed under the contract.

AB43,,10022 (2) Earned release program rules. The department of corrections shall update its administrative rules to implement earned release for completion of a vocational readiness training program under s. 302.05 (3), including specification of the eligibility criteria for persons sentenced before the effective date of this subsection to participate in the program.

AB43,,10023 (3) Earned compliance credit. A person who is serving a sentence for a violation other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095 and who is in custody upon revocation of extended supervision or parole on the effective date of this subsection may petition the department of corrections to be given credit under s. 973.156. Upon proper verification of the facts alleged in the petition, credit under s. 973.156 shall be applied retroactively to the person. If the department of corrections is unable to determine whether credit under s. 973.156 should be given, or otherwise refuses to award retroactive credit, the person may petition the sentencing court for relief. This subsection applies regardless of the date the person was sentenced. A person who is required to register under s. 301.45 is not eligible to receive credit under this subsection.

AB43,9109 Section 9109. Nonstatutory provisions; Court of Appeals.

AB43,9110 Section 9110. Nonstatutory provisions; District Attorneys.

AB43,9111 Section 9111. Nonstatutory provisions; Educational Communications Board.

AB43,9112 Section 9112. Nonstatutory provisions; Elections Commission.

AB43,,10028 (1) Initial sharing of registration information. Notwithstanding ss. 85.61 (1), 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), the department of transportation shall enter into and begin transferring information under a revised agreement with the elections commission administrator pursuant to s. 85.61 (1) no later than the first day of the 9th month beginning after the effective date of this subsection.

AB43,,10029 (2) Report on voter registration information integration. No later than July 1, 2025, the elections commission shall report to the appropriate standing committees of the legislature, in the manner specified in s. 13.172 (3), and to the governor its progress in initially implementing a system to ensure the complete and continuous registration of all eligible electors in this state, specifically including the operability and utility of information integration with the department of transportation and the feasibility and desirability of integrating public information maintained by other state agencies and by technical colleges with the commission’s registration information to enhance the completeness and accuracy of the information. At a minimum, the report shall contain an assessment of the feasibility and desirability of the integration of registration information with information maintained by the departments of health services, children and families, workforce development, revenue, safety and professional services, and natural resources; the University of Wisconsin System; and the technical college system board, as well as the technical colleges within each technical college district.

AB43,9113 Section 9113. Nonstatutory provisions; Employee Trust Funds.

AB43,,10031 (1) Incumbent internal auditor. The individual holding the position of internal auditor in the department of employee trust funds on the day before the effective date of this subsection shall continue to serve in that position until an internal auditor is appointed under s. 15.165 (5).

AB43,,10032 (2) Incumbent staff. Individuals holding positions as staff internal auditors in the department of employee trust funds on the day before the effective date of this subsection shall continue to serve in those positions until staff are appointed under s. 40.03 (1) (dm).

AB43,,10033 (3) Transfer of oversight of group disability benefit insurance plans.

AB43,,10034 (a) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the group insurance board that is primarily related to the group income continuation insurance plan or long-term disability insurance plan, as determined by the secretary of employee trust funds, is transferred to the employee trust funds board.

AB43,,10035 (b) Contracts. All contracts entered into by the group insurance board in effect on the effective date of this paragraph that are primarily related to the group income continuation insurance plan or long-term disability insurance plan, as determined by the secretary of employee trust funds, remain in effect and are transferred to the employee trust funds board. The employee trust funds board shall carry out any obligations under those contracts unless modified or rescinded by the employee trust funds board to the extent allowed under the contract.

AB43,,10036 (c) Rules. All rules promulgated by the secretary of employee trust funds and approved by the group insurance board in effect on the effective date of this paragraph that are primarily related to the group income continuation insurance plan or long-term disability insurance plan remain in effect until their specified expiration dates or until amended or repealed by the employee trust funds board.

AB43,,10037 (d) Pending matters. Any matter pending with the group insurance board on the effective date of this paragraph that is primarily related to the group income continuation insurance plan or long-term disability insurance plan, as determined by the secretary of employee trust funds, is transferred to the employee trust funds board. All materials submitted to or actions taken by the group insurance board with respect to the pending matter are considered as having been submitted to or taken by the employee trust funds board.

AB43,,10038 (4) 2025-27 biennial budget request. In submitting information under s. 16.42 for purposes of the 2025-27 biennial budget bill, the department of employee trust funds shall include a request for funding for the modernization of the department’s pension administration system.

AB43,,10039 (5) Election to continue annuity suspension. No later than 60 days after the effective date of this subsection, if an individual who is employed by a covered employer under the Wisconsin Retirement System has his or her annuity suspended under s. 40.26 (1m), 2021 stats., on the effective date of this subsection and wants to continue the suspension, the individual shall notify the department of employee trust funds on a form provided by the department. An election to continue the suspension is irrevocable.

AB43,9114 Section 9114. Nonstatutory provisions; Employment Relations Commission.

AB43,9115 Section 9115. Nonstatutory provisions; Ethics Commission.

AB43,9116 Section 9116. Nonstatutory provisions; Financial Institutions.

AB43,,10043 (1) Small business retirement savings board; staggered terms. Notwithstanding the length of terms specified for the members of the small business retirement savings board under s. 15.185 (6) (b), the members appointed under s. 15.185 (6) (a) 2., 4., and 6. shall be appointed for initial terms expiring on May 1, 2025.

AB43,9117 Section 9117. Nonstatutory provisions; Governor.

AB43,9118 Section 9118. Nonstatutory provisions; Health and Educational Facilities Authority.

AB43,9119 Section 9119. Nonstatutory provisions; Health Services.

AB43,,10047 (1) Childless adults demonstration project. The department of health services shall submit any necessary request to the federal department of health and human services for a state plan amendment or waiver of federal Medicaid law or to modify or withdraw from any waiver of federal Medicaid law relating to the childless adults demonstration project under s. 49.45 (23), 2021 stats., to reflect the incorporation of recipients of Medical Assistance under the demonstration project into the BadgerCare Plus program under s. 49.471 and the termination of the demonstration project. The department of health services may submit a request to the federal department of health and human services to modify or withdraw from the waiver granted under s. 49.45 (23) (g), 2021 stats.

****Note: This is reconciled Section 9119 (1). This Section has been affected by drafts with the following LRB numbers: LRB-0696/P3 and LRB-1103/P2.

AB43,,10048 (2) Community-based psychosocial services. The department of health services may promulgate rules, including amending rules promulgated under s. 49.45 (30e) (b), update Medical Assistance program policies, and request any state plan amendment or waiver of federal Medicaid law from the federal government necessary to provide reimbursement to providers who are not county-based providers for psychosocial services provided to Medical Assistance recipients under s. 49.45 (30e).

AB43,,10049 (3) Childless adults demonstration project reform waiver. The department of health services may submit a request to the federal department of health and human services to modify or withdraw the waiver granted under s. 49.45 (23) (g), 2021 stats.

AB43,,10050 (4) Rules regarding training of certified peer specialists. The department of health services may promulgate the rules required under s. 49.45 (30j) (bm) 4. as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), the department of health services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until January 1, 2025, or the date the permanent rules take effect, whichever is sooner.

AB43,,10051 (5) Early intervention services. The department of health services may develop a methodology to allocate moneys under s. 20.435 (7) (bt) across county programs.

AB43,,10052 (6) Emergency rules on psychiatric residential treatment facilities. The department of health services may promulgate emergency rules under s. 227.24 implementing certification of psychiatric residential treatment facilities under s. 51.044, including development of a new provider type and a reimbursement model for psychiatric residential treatment facilities under the Medical Assistance program under subch. IV of ch. 49. Notwithstanding s. 227.24 (1) (a) and (3), the department of health services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2025, or the date on which permanent rules take effect, whichever is sooner.

AB43,,10053 (7) Low-value care analysis grant. From the appropriation under s. 20.435 (1) (b), in the 2023-24 and 2024-25 fiscal years, the department of health services shall award a grant in an amount not to exceed $900,000 in each fiscal year to an organization for the purpose of conducting a data analysis of claims under the medical assistance program administered by the department of health services and claims under health care coverage plans offered by the state under s. 40.51 (6) to identify low-value care. The recipient of the grant under this subsection shall report the organization’s findings, including any recommendations for providing effective and efficient care, to the department of health services and the department of employee trust funds. The department of health services and the department of employee trust funds shall distribute the findings reported under this subsection to health care providers that provide services covered by the medical assistance program or a health care coverage plan and to health maintenance organizations and insurance companies that provide health insurance to state employees.

AB43,,10054 (8) Medical Assistance hospital reimbursement. The department of health services shall increase the Medical Assistance rates paid to hospitals by a budgeted sum of $7,605,400 as the state share of payments, and provide the matching share of payments, in fiscal year 2023-24, and by a budgeted sum of $15,506,100 as the state share of payments, and provide the matching share of payments, in fiscal year 2024-25. The increases under this subsection may apply only if the department has expanded eligibility under section 2001 (a) (1) (C) of the Patient Protection and Affordable Care Act, P.L. 111-148, for the Medical Assistance program under subch. IV of ch. 49. The department shall limit payments to hospitals under this subsection at the upper payment limit as required under 42 CFR 447.272.

AB43,,10055 (9) Primary care reimbursement under Medical Assistance. The department of health services shall increase the Medical Assistance rates paid for primary care services by a budgeted sum of $21,110,400 as the state share of payments, and provide the matching federal share of payments, in fiscal year 2023-24, and by a budgeted sum of $43,040,400 as the state share of payments, and provide the matching federal share of payments, in fiscal year 2024-25. The increases under this subsection may apply only if the department of health services has expanded eligibility under section 2001 (a) (1) (C) of the Patient Protection and Affordable Care Act, P.L. 111-148, for the Medical Assistance program under subch. IV of ch. 49.

AB43,,10056 (10) Spinal cord injury council; initial appointments. Notwithstanding the length of terms specified for the members of the spinal cord injury council under s. 15.197 (20) (a) (intro.), initial appointments to the council shall be made as follows:

AB43,,10057 (a) The members appointed under s. 15.197 (20) (a) 1., 3., 5., and 7., or in lieu of those members under s. 15.197 (20) (b), shall be appointed for terms expiring on July 1, 2025.

AB43,,10058 (b) The members appointed under s. 15.197 (20) (a) 2., 4., 6., and 8., or in lieu of those members under s. 15.197 (20) (b), shall be appointed for terms expiring on July 1, 2026.

AB43,,10059 (11) Electrocardiogram screening pilot program. The department of health services shall develop a pilot program to provide electrocardiogram screenings for participants in middle school and high school athletics programs in Milwaukee and Waukesha Counties. From the appropriation under s. 20.435 (1) (b), in fiscal year 2024-25, the department shall award $4,172,000 in grants to local health departments, as defined under s. 250.01 (4), to implement the pilot program under this subsection. Participation in the pilot program by participants in middle school and high school athletics programs shall be optional.

AB43,,10060 (12) Health care workforce pilot project. The department of health services shall distribute $621,000 in fiscal year 2024-25 to support a pilot project in Dane County relating to the impact of the COVID-19 pandemic on the health care workforce.

AB43,,10061 (13) Complex patient pilot program.

AB43,,10062 (a) In this subsection, “department” means the department of health services.

AB43,,10063 (b) The department shall form an advisory group to assist with development and implementation of a complex patient pilot program. The secretary of health services, or his or her designee, shall be the chair of the advisory group. Members of the advisory group under this paragraph shall have clinical, financial, or administrative expertise in government programs, acute care, or post-acute care.

AB43,,10064 (c) The department shall use its request-for-proposal procedure to select partnership groups to be designated as participating sites for the complex patient pilot program under this subsection.

AB43,,10065 (d) The advisory group formed under this subsection shall develop a request for proposal for the complex patient pilot program that includes eligibility requirements. For purposes of the pilot program under this subsection, only partnerships of hospitals and post-acute facilities are eligible to submit proposals. An eligible partnership shall include at least one hospital and at least one post-acute facility, but may include more than one hospital or post-acute facility.

AB43,,10066 (e) Each partnership group that applies to the department to be designated as a site for the complex patient pilot program shall specifically address all of the following issues:

AB43,,10067 1. The number of beds that would be set aside in the post-acute facility.

AB43,,10068 2. The goals of the partnership during the pilot program and after the pilot program.

AB43,,10069 3. The types of complex patients for whom care would be provided.

AB43,,10070 4. Expertise to successfully implement the proposal, including a discussion of at least all of the following issues:

AB43,,10071 a. Experience of the partners working together.

AB43,,10072 b. Plan for staffing the unit.

AB43,,10073 c. Ability to electronically exchange health information.

AB43,,10074 d. Clinical expertise.

AB43,,10075 e. Hospital and post-acute facility survey history over the past 3 years.

AB43,,10076 f. Acute care partner readmissions history over the past 3 years.

AB43,,10077 g. Discharge planning and patient intake resources.

AB43,,10078 h. Stability of finances to support the proposal, including matching funds that could be dedicated to the pilot program under this subsection. No applicant is required to provide matching funds or a contribution, but the advisory group and the department of health services may take into consideration the availability of matching funds or a contribution in evaluating an application.

AB43,,10079 5. The per diem rate requested to adequately compensate the hospital or hospitals and the post-acute facility or facilities.

AB43,,10080 6. A post-acute bed reserve rate.

AB43,,10081 7. Anticipated impediments to successful implementation and how the applicant partnership group intends to overcome the anticipated impediments.

AB43,,10082 (f) The advisory group formed under this subsection shall do all of the following:

AB43,,10083 1. Determine and recommend to the department an amount of the funding budgeted for the complex patient pilot program under s. 20.435 (7) (d) to be reserved for reconciliation to ensure that participants in the pilot program are held harmless from unanticipated financial loss.

AB43,,10084 2. Develop a methodology to evaluate the complex patient pilot program, including a recommendation on whether the department should contract with an independent organization to evaluate the complex patient pilot program. The department may contract with an independent organization to complete the evaluation described under this subdivision and, if the department does so, the department may pay the fee of the organization selected from the appropriation under s. 20.435 (7) (d).

AB43,,10085 3. Make recommendations to the secretary of health services regarding which partnership groups should receive designation as a participating site for the complex patient pilot program.

AB43,,10086 (g) 1. No later than 90 days after the effective date of this subdivision, the advisory group shall complete development of the request for proposal for partnership groups to be designated as participating sites in the complex patient pilot program and provide its recommendations to the secretary of health services.